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The Federal Arbitration Act (FAA) enforces certain arbitration agreements involving federal law, including some employment disputes and claims against employers under the Employee Retirement Income Security Act of 1974 (ERISA). But is an arbitration agreement that prohibits an individual from seeking relief provided by federal statute still enforceable? The U.S. 7th Circuit Court of Appeals […]
In yesterday’s Advisor, we looked at some of the results of BLR’s 2015–2016 Holiday Survey. Today we’ll look at the rest of those results. Deck the Halls If their holiday decorations were within reason, 69.9% of survey participants allowed employees to display them. Another 20.4% allowed employees to display whatever they wanted. Display of nonreligious […]
With all the ruckus surrounding changes in FMLA, it’s time to get back to basics. Does your leave policy include these 11 key elements? It’s rare that employment law stories get play in the mainstream media, but the Family and Medical Leave Act (FMLA) has made the jump. The network news shows, USA Today, and […]
Employee retention efforts are often focused on the employee population as a whole, when, in truth, you would prefer that some people head for the exit door.
The Fair Labor Standards Act (FLSA) is a tricky statute that creates a landmine for unwary employers, says attorney Ted Boehm, and it’s made worse by a number of misconceptions and myths commonly believed by employers. For example, says Boehm, there’s the misconception that employers may provide “comp time” in lieu of overtime compensation. For […]
By Peter Susser and George Wood, Littler Mendelson, P.C. You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick […]
When companies look to hire new employees, there are some baseline credentials that typically must be met: education, certifications, years of experience, experience in certain specific areas, etc. By and large, these credentials can be ascertained from a résumé or online job application.
Litigation Value: Counseling for everybody! Last night, NBC treated us to a holiday extravaganza. If last week’s two-part “Classy Christmas” wasn’t enough “Office” for you, we got the joy of three episodes last night! That’s right, three full episodes of Michael and the gang, acting ridiculous as usual. I recapped “Counseling” and my talented colleagues […]
Ever wonder why companies often take so long in deciding which candidate to hire for a particular position? Consider this: the cost of bringing on the wrong person can run into the thousands and thousands of dollars.
In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the National Labor Relations Act (NLRA). The decision is consistent with NLRB General Counsel Jennifer Abruzzo’s […]